Declaratory Statements

A declaratory statement is the sole means for obtaining a binding interpretation or opinion from the Department of Business and Professional Regulation concerning the applicability of statutory provisions, rules or orders over which the Department has authority (Chapters 455 and 468, Part XV, Florida Statutes, and Chapter 61G-3, Florida Administrative Code).

A petition for a declaratory statement may only be used to resolve questions or doubts as to how the statutes, rules or orders may apply to the petitioner’s particular circumstances. A declaratory statement is not the appropriate means for determining the conduct of another person or for obtaining a policy statement of general applicability from the Department of Business and Professional Regulation.

Section 120.565, Florida Statutes, and 28.105, Florida Administrative Code, set forth the requirements for filing a petition for declaratory statement from the Department of Business and Professional Regulation.

Basic requirements (subject to change pursuant to 28.105, Florida Administrative Code) include:

  1. The caption shall read: Petition for Declaratory Statement Before (Name of Agency).
  2. The name, address, any e-mail address, telephone number, and any facsimile number of the petitioner.
  3. The name, address, any e-mail address, telephone number, and any facsimile number of the petitioner’s attorney or qualified representative if any.
  4. The statutory provision(s), agency rule(s), or agency order(s) on which the declaratory statement is sought.
  5. A description of how the statutes, rules, or orders may substantially affect the petitioner in the petitioner’s particular set of circumstances.
  6. The signature of the petitioner or of the petitioner’s attorney or qualified representative.
  7. The date.

Petitions for declaratory statements should be sent to:
Department of Business and Professional Regulation
Division of Real Estate
400 W Robinson St N801
Orlando, FL 32801

Below is a list of previously issued declaratory statements dating back to 1993, indexed by statutes or rule. Please note past statements may be affected by new statute amendments and rule changes, so refer to the Statute/Rule cited to verify whether the information is still applicable. Please note the petitions which have been denied by the Department are not included.

FREC List of Declaratory Statements

  • Statute: 475 Part I, F.S.
    Petitioner: Kelley E. Geraghty, Esq for Marco Resort, Inc. (MRI), DS 93-01
    Subject: asked whether MRI is required to have a licensed broker and/or sales person supervise its rental operation at the Resort.
  • Statute: 475.01(1)(a), F.S.
    Petitioner: Management Planning, Inc. DS 2008-022
    Subject: Question of definition of real estate “broker,” with valuation services in conjunction with corporate valuations and estate and gift tax matters but does not value real estate.
  • Statute: 475.011(2), F.S.
    Petitioner: Jennifer L. DeSantis, Esq. for DeSantis Commercial, Inc.,     DS 2005-043
    Subject: Inquired as to whether an individual exempt under the real estate law mentioned, at the time he procures an executed contract for sale, is paid a salary; but, if that individual becomes a licensed real estate sales associate prior to the closing of that contract, is the individual entitled to a commission or other compensation on a transactional basis or does statute preclude same? If no commission is payable, can payment continue on a salary basis?
  • Statute: 475.011(2), F.S.
    Petitioner: Southridge Partners I, DS 2006-021
    Subject: Inquired whether the services that the general partner provides in selling the limited partnership’s real property enjoys exemption from the Florida real estate licensing law.
  • Statute: 475.011(2)&(4), F.S.
    Petitioner: Don J. Miner, Esquire DS-2015-001
    Subject: Retirement Housing Foundation and Foundation Property Management; Ownership and Management of subsidized housing communities in Florida
  • Statute: 475.42(1)(d), F.S.
    Petitioner: NRT, Inc. & Coldwell Banker Residential Real Estate, Inc., DS 99-004
    Subject: petitioned the Commission to issue a statement as to the application of statue, as it applies to the Petitioners’ particular set of circumstances.
  • Statute: 475.452, F.S.
    Petitioner: Tomas A. Jimenex, Jr., DS 2006-009
    Subject: Inquired whether a flat fee for certain broker services would be considered an advance fee subject to the requirements that it be held in trust and accounted for monthly.

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Need Help?

All requests for publications, documents, forms, applications for licenses, permits and other similar certifications can be obtained by contacting the Customer Contact Center.

Katy McGinnis, Director

Division of Real Estate
400 West Robinson Street, N801
Orlando, Florida 32801

Telephone: 850.487.1395
Facsimile: 850.488.8040

Real Estate Commission